He told appellate judges that because his girlfriend agreed to be naked in his presence, she had no reasonable expectation of privacy -- even in her own home.
July 2, 2008 - A challenge to the state's "video voyeur" law by a -- you guessed it - a teacher who pleaded guilty in April 2007 to one count of filming his girlfriend nude without her consent. Two other secret taping charges were dropped.
Former Waunakee High School chemistry teacher Mark Jahnke, 44,did not distribute the recordings, according to court documents. He was sentenced to three years of probation and six months in jail, with sentence stayed pending appeal. Waunakee school officials had voted to terminate his employment, then negotiated his resignation from the district.
Jahnke's girlfriend became aware of the taping when she saw a red light beneath a pile of clothes in her bedroom. When police searched Jahnke's house, police seized 33 audio tapes of the couple having sex and three DVDs, one of the couple engaged in sex, and two of his girfriend nude in her home.
The case is before Wisconsin 4th District Court of Appeals. Jahnke told appellate judges that because his girlfriend agreed to be naked in his presence, she had no reasonable expectation of privacy.
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ONLINE RESOURCE: No date has been scheduled for a decision in this case, but you can find Wisconsin Appeals Court decisions here.